High Court · 2025

Ms. Manisha Rana Singh, learned Deput y Advocat e General for t he St at e of Ut t arakhand.

3. Mr. Shashank Pandey, learned counsel for t he Respondent No. 2 t hrough video conferencing.

4. The present applicat ion under Sect ion 528 of t he Bharat iya Nagarik Suraksha Sanhit a, 2023, has been filed on behalf of t he Applicant-Vansh Narulla, seeking t he quashing of t he charge sheet dat ed 12.07.2021, t he sum m oning order/ cognizance dat ed 14.03.2023, and t he ent ire proceedings of Crim inal Case No. 571 of 2023, t it led “ St at e vs. Vansh Narulla” , for offences punishable under Sect ions 279, 338, and 304A of t he I ndian Penal Code, 1860, pending before t he learned Addit ional Chief Judicial Magist rat e, Roorkee, Dist rict Haridwar.

5. Along w it h t he present applicat ion under Sect ion 528, a j oint Com pounding Applicat ion ( I .A. No. 1 of 2025) has been filed and signed by t he part ies, duly support ed by t heir respect ive affidavit s, wherein it is st at ed t hat t he part ies have ent ered int o a com prom ise and have request ed t hat , in light of t he sam e, t he m at t er m ay be com pounded.

6. Today, Applicant No. 1 – Vansh Narulla is present in person before t he Court and is duly ident ified by Mr. Akshay Pradhan, Advocat e. Respondent No. 2 – Aslam , son of Lat e Rahim ulla, is also present in person before t he Court and is duly ident ified by Mr. Shashank Pandey, Advocat e.

7. The Court also int eract ed wit h Respondent No. 2. During t he int eract ion, he st at ed t hat he does not wish t o pursue t he m at t er any furt her. He fairly conceded t hat he has no obj ect ion if t he Com pounding Applicat ion is allowed.

8. Per cont ra, t he learned St at e Counsel raised a prelim inary obj ect ion, cont ending t hat som e of t he offences involved are non- com poundable. She furt her subm it t ed t hat t he deceased- Mohd. Akram , died in a road accident , and t hat t he wife and son of t he deceased should be im pleaded as part ies before t he m at t er can be heard.

9. However, Respondent No. 2 -Aslam , who claim s t o be t he brot her of t he deceased- Mohd. Akram , m ade a st at em ent t hat his lat e brot her had divorced his wife, who has been residing separat ely in Delhi along wit h t he child, well before t he accident . He furt her st at ed t hat he does not wish t o pursue t he m at t er as t he part ies have reached a com prom ise. He also subm it t ed t hat t he wife and son of t he deceased have no connect ion wit h t he proceedings, as t hey did not part icipat e in t he last rit es of t he deceased and have not been involved in any part of t he proceedings m ent ioned above.

10. Aft er hearing t he part ies and perusing t he record, t he Court finds sufficient grounds t o allow t he com pounding applicat ion, subj ect t o t he filing of an affidavit by Respondent No. 2 t oday it self.

11. An affidavit by Respondent No. 2 – Aslam has been t aken on record by t he Court .

12. I n light of t he legal principles laid down by t he Hon’ble Suprem e Court in Gi a n Si n g h v s. St a t e o f Pu n j a b , ( 2 0 1 2 ) 1 0 SCC 3 0 3 , and D i m p e y Gu j r a l v s. Un i o n Te r r i t o r y o f Ch a n d i g a r h , Tr a n sf e r Pe t i t i o n ( Cr i m i n a l ) N o . 1 1 5 o f 2 0 1 2 , d e ci d e d o n 0 6 .1 2 .2 0 1 2 , t his Court holds t hat crim inal proceedings m ay be quashed if t he m at t er has been am icably set t led bet ween t he part ies and t hey are inclined t o rest ore peace and harm ony.

13. Considering t he overall fact s and circum st ances of t he case, t his Court is of t he v iew t hat t he ends of j ust ice would be served by quashing t he ent ire proceedings of Crim inal Case No. 571 of 2023, “ St at e vs. Vansh Narulla” , for offences punishable under Sect ions 279, 338, and 304A of t he I ndian Penal Code, 1860, pending before t he learned Addit ional Chief Judicial Magist rat e, Roorkee, Dist rict Haridwar.

14. Accordingly, t he Com pounding Applicat ion allowed. The ent ire proceedings of Crim inal Case No. 571 of 2023, “ St at e vs. Vansh Narulla” , for offences under Sect ions 279, 338, and 304A of t he I ndian Penal Code, 1860, pending before t he learned Addit ional Chief Judicial Magist rat e, Roorkee, Dist rict Haridwar, are hereby quashed.

15. The Crim inal Miscellaneous Applicat ion filed under Sect ion 528 of t he Bharat iya Nagarik Suraksha Sanhit a, 2023, is accordingly disposed of. ( A sh i sh N a i t h a n i , J.) SHIKSHA BINJOLA 0 4 .0 7 .2 0 2 5 Shiksha DN: c=IN, o=HIGH COURT OF UTTARAKHAND, ou=HIGH COURT OF UTTARAKHAND, 2.5.4.20=3410ef86ae41ec9fbabcd5dba6b3a2c24b5aa08b09c12f21822fbd40bf639b1c, postalCode=263001, st=UTTARAKHAND, serialNumber=FD80A2D028949381C52796A542D7FF0A9BED00E67B5283D205F18FE29BDF5DD9, cn=SHIKSHA BINJOLA